Note: This statute contains
several other subsections, some of which are specific ways of violating
subsection (a), and some of which apply to the regulatory scheme applicable to
practitioners, such as medical doctors and pharmacists. Inquire of the state
which subsection is being relied on and tailor the instruction accordingly.

The defendant is charged [in count __]
with obtaining a controlled substance by fraud. The statute defining this
offense reads in pertinent part as follows:

no person shall (obtain or attempt
to obtain / procure or attempt to procure the administration of) a controlled
substance <insert appropriate subsection:>

§ 21a-266 (a)
(1): by fraud, deceit, misrepresentation or subterfuge.

§ 21a-266 (a)
(2): by the forgery or alteration of a prescription or of any written
order.

§ 21a-266 (a)
(3): by the concealment of a material fact.

§ 21a-266 (a)
(4): by the use of a false name or the giving of a false address.

For you to find the defendant guilty
of this offense, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Obtained or
procured controlled substanceThe first element is that the
defendant (obtained or attempted to obtain / procured or attempted to procure
the administration of) a controlled substance, specifically <insert type of
substance>.1Obtain and procure have their
ordinary meanings. Attempt has its ordinary meaning.

[<Insert if applicable:> "Administer"
means the direct application of a controlled substance, whether by injection,
inhalation, ingestion or any other means, to the body of a patient or research
subject by: (A) A practitioner, or, in (his/her) presence, by (his/her)
authorized agent, or (B) the patient or research subject at the direction and in
the presence of the practitioner, or (C) a nurse or intern under the direction
and supervision of a practitioner.]

Element 2 - MeansThe second element is that the
defendant did so <insert as appropriate:>

§ 21a-266 (a)
(1): (1) by fraud, deceit, misrepresentation, or subterfuge. Fraud
consists of some deceitful practice, or wilful device, resorted to with intent
to deprive another of (his/her) right, or in some manner to do (him/her) an
injury. <See
Intent to Defraud, Instruction 2.3-6.> Deceit, misrepresentation and
subterfuge have their ordinary meaning.

§ 21a-266 (a)
(2): by forgery or alteration of a prescription or of any written order.
Forgery means falsely making, completing, or altering a written instrument with
intent to defraud, deceive or injure another.2 "Prescription"
means a written, oral or electronic order for any controlled substance or preparation from a
licensed practitioner to a pharmacist for a patient.

§ 21a-266 (a)
(3): by the concealment of a material fact. As applicable here, a material
fact means a fact that if known would have affected the defendant's ability to
lawfully receive a controlled substance or its administration.

§ 21a-266 (a)
(4): by the use of a false name or the giving of a false address. False
means not true.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant (obtained or attempted to obtain
/ procured or attempted to procure the administration of) a controlled
substance, and 2) did so through <insert specific allegations>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
obtaining a controlled substance by fraud, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
_______________________________________________________